First-degree murder conviction overturned

Friday, July 12, 2002 | 9:09 a.m.

CARSON CITY -- The first-degree murder conviction of Curtis R. Barker, found guilty of killing another man in a Las Vegas hotel, was voided by the Nevada Supreme Court Thursday because of errors by the District Court judge.

The court said District Judge Nancy Saitta was wrong when she refused to allow the defense to present evidence about the character and behavior of the victim, Roy Powell.

Barker told police that Powell attacked him with a lamp in a room at The Orleans. He said he knocked Powell out and beat and kicked him.

Barker was convicted of first-degree murder. Defense lawyers told the Supreme Court earlier this year that Barker should have been convicted of either second-degree murder or voluntary manslaughter rather than first-degree murder.

Barker, in his appeal, said Saitta prevented him from introducing any evidence of the victim's shoplifting and the victim's attempt to buy cocaine on the day of Powell's death. He also said he was stopped from showing the victim's pattern of violent behavior.

The Supreme Court said the defendant had a right to testify to the full sequence of events on the day of the killing.

The court also agreed with defense lawyers that Saitta was wrong in stopping the cross-examination of a police lieutenant who had been told about the propensity for violence and rage by the victim.

Barker has conceded he caused the victim's death but claimed he did so without malice or intent to kill him. The case returns to the District Court in in Las Vegas for another trial.